International Criminal Law: Dealing with War Crimes

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Questions and Answers

What is the role of the ICRC in the investigation and prosecution of war crimes?

The ICRC is responsible for the investigation and prosecution of war crimes.

The ICRC participates in the investigation and prosecution of war crimes.

The ICRC has never and will never participate in the investigation or prosecution of war crimes. (correct)

The ICRC provides support to national authorities in the investigation and prosecution of war crimes.

Where is the Appeals Chamber of the International Criminal Tribunal for Rwanda located?

The Hague, Netherlands (correct)

Kigali, Rwanda

Arusha, Tanzania

New York, United States

What is the main purpose of the International Criminal Tribunal for Rwanda?

To prosecute persons responsible for genocide and other serious violations of international humanitarian law committed in Rwanda and neighboring States between 1 January 1994 and 31 December 1994. (correct)

To provide humanitarian aid and support to victims of the Rwandan Genocide.

To establish a permanent international criminal court to prosecute war crimes and crimes against humanity.

To investigate and prosecute war crimes committed during the Rwandan Genocide.

What is the ICRC's role in armed conflict situations?

The ICRC is mandated to be active in conflict situations and has a right of initiative to be present in situations of armed violence. Signup and view all the answers

What is the principle source of international rights and obligations?

Treaties Signup and view all the answers

Which of the following is true about International Humanitarian Law (IHL)?

IHL is applicable during armed conflict. Signup and view all the answers

What does the effect of signature of a treaty depend on?

Whether the treaty is subject to ratification Signup and view all the answers

Why does a state require an opportunity of re-examining a treaty before ratifying it?

To allow for public opinion and sometimes a referendum Signup and view all the answers

What is the purpose of an instrument of ratification?

To serve as a formal acceptance of the treaty terms Signup and view all the answers

Why is ratification required according to the text?

To give Parliaments a say in the validity of treaties Signup and view all the answers

What is the second step involved in the ratification process?

Exchanging the instrument of ratification with the other party's instrument Signup and view all the answers

What type of treaties are more likely to require ratification?

More formal types of instruments Signup and view all the answers

What is a potential disadvantage of reciprocity?

It can lead to a downward spiral of punishment Signup and view all the answers

What is a characteristic of the Identity principle?

Members sacrifice their own interests to benefit others in the community Signup and view all the answers

In International Relations (IR), what role do identity communities play?

They help overcome difficult collective goods problems Signup and view all the answers

What distinguishes IR as a field of study within academia?

It encompasses various disciplines such as economics, history, and sociology Signup and view all the answers

How are nonstate actors involved in international relations?

They engage in identity politics Signup and view all the answers

What distinguishes the field of comparative politics from International Relations (IR)?

Comparative politics generally focuses on the domestic politics of foreign countries Signup and view all the answers

What is a key characteristic of a treaty according to Schwarzenberger's definition?

It creates legal obligations under international law Signup and view all the answers

According to Oppenheim's definition, what is a key characteristic of international treaties?

They are agreements between states and organizations of states Signup and view all the answers

Which of the following statements about the importance of treaties in international law is accurate?

Treaties regulate various inter-state transactions and establish international organizations Signup and view all the answers

What is the significance of the Vienna Convention on the Law of Treaties (VCLT) in the context of international law?

It codifies and progressively develops the law of treaties Signup and view all the answers

When did the Vienna Convention on the Law of Treaties enter into force?

27 January 1980 Signup and view all the answers

Which of the following statements about treaties is inaccurate?

Treaties can only be concluded between sovereign states Signup and view all the answers

What is one of the main drivers of the growth of global civil society?

People organizing across borders to address global threats and humanitarian crises Signup and view all the answers

What is meant by the 'growth of international regimes'?

Formal and informal coordination in certain issue areas to maximize global security and prosperity Signup and view all the answers

What is a consequence of rapid urbanization in countries like China and India?

Pollution and urban poverty Signup and view all the answers

Which of the following is NOT listed as a possibility for conflict?

Decline of interstate warfare Signup and view all the answers

What is a potential threat arising from the spread of religious and ethnic extremism?

Targeting of innocent civilians Signup and view all the answers

Which of the following factors is NOT listed as contributing to the 'proliferation of WMD'?

Growing populations and economic development Signup and view all the answers

Study Notes

Collective Goods Problem

Reciprocity solves the collective goods problem by rewarding behavior that contributes to the group and punishing behavior that pursues self-interest at the cost of the group.
Positive and negative reciprocity can lead to a downward spiral as each side punishes what it believes to be the negative acts of the other.

Identity Principle

Identity principle does not rely on self-interest.
Members of an identity community care about the interests of others in the community enough to sacrifice their own interests to benefit others.
Identity communities play important roles in overcoming difficult collective goods problems.

International Relations

IR is a practical discipline that is interdisciplinary, drawing from economics, history, sociology, anthropology, and geography.
IR is about international politics, but the field is interdisciplinary and usually taught within the discipline of political science.

War Crimes

The ICRC does not participate in the investigation or prosecution of war crimes.
Dealing with war crimes is a national responsibility requiring national implementing legislation.
The United Nations Security Council established the International Criminal Tribunal for Rwanda to prosecute persons responsible for genocide and other serious violations of international humanitarian law.

International Humanitarian Law

IHL protects those who do not, or no longer, take part in hostilities.
IHL is applicable during armed conflict.
All Parties are bound to respect IHL.

Law of Treaties

A treaty is a formally concluded and ratified agreement between countries.
Treaties are the principle source of international rights and obligations.
Every State is a party to hundreds of treaties, bilateral and multilateral.

Signature and Ratification

Signature of a treaty depends on whether or not the treaty is subject to ratification.
Ratification is required for a state to re-examine the whole effect of the treaty upon their interests and to prepare public opinion for the obligation.
The instrument of ratification is a document duly signed by the Heads of States concerned, and/or their Secretaries for Foreign Affairs.

Definition of a Treaty

A treaty can be defined as a consensual engagement which subjects of international law have undertaken towards one another, with the intent to create legal obligations under international law.

Importance of the Law of Treaties

The treaty is the most important source of international law.
Treaties regulate practically every aspect of State behavior in times of peace and in times of war.

Global Trends

Proliferation and networking of NGOs.
Growth of international regimes.
Decline of interstate warfare.
Rapid proliferation of international law protecting the individual.

Global Threats

Global environmental degradation.
Overpopulation.
Resource depletion.
Proliferation of religious and ethnic extremism.
Global proliferation of WMD.

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Description

Explore the role of the International Committee of the Red Cross (ICRC) and the United Nations in relation to war crimes investigation and prosecution. Learn about national responsibilities and implementing legislation in dealing with war crimes.